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(영문) 대구고등법원 2019.06.26 2019노136

강도상해등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (four years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The Defendant recognized the crime and reflects the mistake in depth, and has no record of being punished for the same kind of crime or of being sentenced to a penalty exceeding the fine.

The Defendant appears to have followed the demand for repayment of obligation and living conditions, and the remaining crime of this case was committed, and the robbery, which is a basic crime, was committed in attempted crimes.

On the other hand, the crime of this case committed by the defendant with two knife face with a knife, carrying a deadly weapon, and intrudes on the residence of the victim, and forced withdrawal of money and valuables, and inflicted injury on the victim during the course of the attempted crime. Since it was difficult to distinguish the registration license plate of the vehicle in order to avoid the police tracking while escape, the crime of this case is heavier in light of the applicable law and content of the crime.

In particular, the Defendant committed the crime of robbery in a planned manner, such as preparing blades and vehicles after pre-determineding them to commit robbery, wearing locks, caps, sckes, and mountain scams.

The victim seems to have suffered significant shock and physical and mental pain due to the above crime by the defendant.

The defendant did not receive a letter from the victim, and did not recover from the damage.

In full view of such circumstances as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., as well as all the sentencing conditions indicated in the records of the instant case, including the circumstances after the crime, where there is no change in the sentencing conditions compared to the first instance court, and where the first instance court’s sentencing does not exceed the reasonable scope of discretion, it is reasonable to respect them. It appears that the lower court’s sentence is too heavy or unreasonable.